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HomeMy WebLinkAbout1994-03-21MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, March 21, 1994 Mayor Moulton -Patterson called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. CITY COUNCIL/REDEVELOPMENT A_G1=NCY_ROLL CALL PRESENT: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan, Silva (arrived 7:00 p.m.), Robitaille (arrived 7:00 p.m.) ABSENT: None FINANQE BOARD ROLL CALL PRESENT: Scheid, Bohle, Falzon, Rea, Voss, Shomaker (arrived 5:20 p.m.), Dettloff (arrived 5:25 p.m.) ABSENT: None JOINT STUDY SESSION - CITY COUNCILIFINANCE_BOARD The Finance Board Chairman presented a staff report regarding potential areas of analysis for the Board including a long range financial plan, process improvement program, budget and capital improvements, and the city data base. Process Improvement Program Committee Formed The City Administrator reported that a Process Improvement Program Committee has been formed consisting of two City Councilmembers two Finance Board members and two department heads with the first meeting of the committee to be held April 5, 1994 at 5:00 p.m. The City Administrator reported regarding a presentation to the Finance Board of the overall Beach Master Plan and participation in the request for proposal process for administrative operational analysis, regionalization and privatization. He reported on the Request for Proposal document that is available for review. Councilmember Bauer and Sullivan volunteered to serve on the Process Improvement Program Committee. Discussion was held by Council and staff regarding decreased sales and property tax revenue, reassessment of property values, profit centers, short and long term goals of the Finance Board. ADJQURN FINANCE BOARD The Chairman adjourned the Finance Board. CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(C) to confer with its City Attorney regarding pending litigation (Council has decided to initiate or is deciding whether to initiate litigation) - Potential Litigation against land owner of property adjoining the library for toxic waste clean-up costs. (120.80) 082 Page 2 - Council/Agency Minutes - 03121194 The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9 to confer with its City Attorney regarding pending litigation (Council has decided to initiate or is deciding whether to initiate litigation) - Potential litigation against an architect for new wing of library. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957 to consider personnel matters - appeal of Raymond J. Orlando. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding Labor Relations Matters -Meet and Confer. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 6:00 p.m. The meeting was reconvened at 6:25 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Mayor. COUNCILIAGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: None PUBLIC COMMENTS George Arnold spoke in opposition to bars and liquor stores being open past 2:00 a.m. in the downtown area stating he did not believe the Police Department enforced the closing time. He spoke in opposition to rollerblades and skateboards being used on sidewalks. He stated that he had distributed a communication to Council regarding problems in the downtown area. Patricia Bushman, Sunline Electric Chair Controller, spoke for the Sunline Electric Chair owner, Abdul Memon, stating that he is out of the country. She stated that Mr. Memon received verbal approval to have bands in the parking lot of the Electric Chair clothing store the weekend of March 26th and 27th during the Art Fair. She stated that an application was approved by the Zoning Administrator on March 9, 1994 and appealed by Councilmember Winchell. She stated that the Planning Commission does not meet until April 5, 1994 which is after the event is scheduled to be held. She stated that she wrote a letter to Councilmember Winchell asking her to withdraw the appeal. She stated that a food drive for the needy will be held in conjunction with the event to benefit the community. Jennifer Johnson and Ashley Herbs, Sunline Electric Chair representatives, spoke in support of the bands scheduled to perform in the parking lot of the Sunline Electric Chair clothing store. She spoke regarding freedom of expression, discrimination against young people and censorship in art relative to the permit application. Barbara Marrs spoke in opposition to the extension of Seapoint Drive to Pacific Coat Highway due to increased traffic, noise, and air pollution and stated that the birds around her home now will disappear into the wetlands. She asked who would be liable for retrofitting the structures which face an arterial highway. J Page 3 - Council/Agency Minutes - 03121/94 .Mghgmmed Memon, Sunline Electric Chair Vice President of Operations and son of the owner, spoke in support of the bands scheduled to perform in the parking lot of the Sunline Electric Chair clothing store. He stated that there have been three successful band concerts in the parking lot and listed improvements planned for the concert to include increased security staff, identifying clothing for security staff, security at the alley, store rest rooms will be available to the public, and written instructions for conduct will be given to the band members. He stated that he is willing to meet with the Police Department to work out any problems as cancellation of the event would mean loss of sales for the store, disappointed participants and no food drive for the needy in the community. Richard Henderson, stated he was Chairman of the Citizens Advisory Committee Chairman Orange County Transportation Authority, but speaking as a private citizen in opposition to the proposed Orange County Urban Rail Program and Urban Rail Corridor. He challenged the City Council to speak out for the rights of the taxpayers and senior citizens as the city will be required to subsidize the system and will not benefit from it. He stated he would distribute a communication to Council. Loretta Wolfe, Downtown Residents Association representative, spoke in support of agenda item E-7 regarding doggie walk bag dispensers for Main Street and stated that the Downtown Residents Association, Downtown Merchants Association and the city promoted this idea in order to encourage pet owners to be responsible for their pets. She requested that the dispensers be extended from the first three blocks to the first six blocks of Main Street. Nicholas Lower spoke in opposition to Resolution No. 6532 regarding the Street Sweeping Pilot Program and stated that he represented six people. He stated that the streets are cleaner in areas without the program. Leon McKinney_ spoke in opposition to salary "spiking" and salary increase for the City Administrator. He commended Councilmember Sullivan for bringing the "spiking" issue up. He spoke in opposition to the proposed Urban Rail Program and requested the Council to study the issue. He spoke in support of a program that would charge commuters for use of the carpool lanes for single passenger vehicles. Jan Vandersloot, Bolsa Chica Land Trust Vice President, spoke in opposition to the proposed extension of Seapoint Avenue to Pacific Coast Highway and requested that the decision be delayed until after the Linear Park and General Plan Amendment update is approved. He spoke in support of on street parking on Seapoint Avenue. Michele Rivituso spoke in opposition to agenda item E-16 street sweeping pilot program and stated that the streets are clean. William Mello read from a letter from his sons Dr. David and Barbara Mello, Mark Mello and Scott Mello, and himself, in opposition to salary "spiking" and city retirement being paid from property taxes. He distributed a communication to Council Chuck Scheid spoke in opposition to the acquisition of property in the Holly Seacliff area and stated that the option for acquisition is open for five years and recommended that the Council defer action until a future date. Marie St. Germain spoke in opposition to salary "spiking". JiM Banks, Chairman of Citizens Against Retirement Tax, spoke in opposition to the law firm retained by the city to investigate the legality of the salary "spiking" issue. He spoke in support of not processing the spiking portion of current retirement applications. LauraMadariao spoke in opposition to the extension of Seapoint Avenue to Pacific Coast Highway and in support of a road with a gate for emergency vehicles and a traffic signal for pedestrian crossing to the beach. Don Guillaumq spoke in opposition to the extension of Seapoint Avenue to Pacific Coast Highway and in opposition to the inadequate amount of parking planned for the Linear Regional Park. 084 Page 4 - Council/Agency Minutes - 03/21/94 RobedEeid spoke in support of a program he designed for the Medi-Cal cards and stated that the program saves the county over $80,000 per month. He stated that the city should use direct deposit for paychecks to save money. He requested that the money saved by this program be used to regulate pedestrian traffic on the first three blocks of Main Street as it is difficult to make a left hand turn from Main Street onto other streets. Ed Kerins, Huntington Beach Tomorrow representative, spoke in support of a full and timely disclosure of salary "spiking" information, all Council actions to remedy, and the effect of these actions on the budget. He stated that the citizens are entitled to know who allowed this practice. He spoke in support of a Council subcommittee to review the fiscal implications of salary spiking and make recommendations to remedy the situation. Mark Porter, Huntington Beach Tomorrow representative, invited Council and the public to a candidate forum for Board of Supervisor for the Second District to be held on Wednesday, March 23, 1994, at 7:30 p.m. in Room B-8 of the Civic Center. Chuck Beauregard spoke in support of the proposed youth sports complex. He gave statistics regarding the population, age groups and acreage dedicated to parks in the city. He spoke in support of an advisory vote for the November election to get the priorities of what the people want to do with Central Park. In response to a question from Councilmember Bauer, Mr. Beauregard stated that he believed more room for sports is needed than is available at Edison Park. Discussion was held. Mayor's Comments Regard ing-Public Empi yees Retirement fystem Mayor Moulton -Patterson stated that the City Council is on record opposing the PERS spiking. She stated that city employees are hard working and dedicated and have been taking the brunt of criticism over this issue and the majority of employees are not involved. Liaison Report - Design Review Board Councilmember Leipzig reported that he and Councilmember Sullivan serve as Council liaison to the Design Review Board. He stated that there is an opening on the Board and a change in the composition of the Board is recommended. He stated that the proposed new composition of the Board will be placed on a future agenda for Council action. Major City Pro-Jects Review The City Administrator stated that a Major Projects Review had been prepared for the meeting but due to the length of the agenda the review will be continued. Police Departrue-n-t-Town Hall Crime Prevenlion Meeting The City Administrator announced a Town Hall Crime Prevention meeting to be held Tuesday, April 19, 1994 at 6:00 p.m. in the Huntington Center Mall. 111i1M Page 5 - Council/Agency Minutes - 03/21194 Requested Regardinci EXDense-ofReyiew of Draft Environmental Impact ReDort — B Councilmember Silva requested a report on the amount of staff time spent reviewing the Draft Environmental Impact Report for the Boisa Chica. The City Administrator stated that a report was prepared by the Assistant City Administrator and distributed to Council in the amount of $42,000 in staff time spent on the Draft Environmental Impact Report. The City Administrator stated that the City Council authorized one hundred thousand dollars ($100,000) for the outside legal firm to review and prepare the response to the Draft Environmental Impact Report. (City Council) CONTINUED OPEN FROM MARCH 7, 1994 - PUBLIC HEARING - CODE AMENDMENT N - ENVIRONMENTAL ASSESSMENT NO. F R OUTDOOR DINING - INTRODUCTIQN OF ORDINANCE NO.3232 - DECISION CONTINUED TO APRIL 18,19944 (640.10) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICAJION NUMBER: Code Amendment No. 93-5 A - Environmental Assessment No. 93-20 APPLICANT: Department of Community Services, City of Huntington Beach LOCATION: City-wide ZONE: City wide REQUEST: To establish provisions in the Huntington Beach Ordinance Code to permit and regulate outdoor dining ENVIRONMENTAL STATUS: Covered by Environmental Assessment No. 93-20 also to be considered by Council COASTAL STATUS. Not applicable The City Clerk presented Ordinance No. 3232 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLES 922,924 AND 973 OF THE HUNTINGTON BEACH ORDINANCE CODE AND AMENDING SECTIONS 4.3.01(a)(0), 4.5.01(a)(0), 4.7.01(a)(0), 4.9.01(a)(0), 4.11.01 AND 4.12.01(R) OF THE DOWNTOWN SPECIFIC PLAN TO PERMIT OUTDOOR DINING." The Community Development Director presented a staff report regarding the history and major issues of outdoor dining. A communication was distributed to Council entitled Cade Amendment No. 93-5 A - Outdoor Dining. Susan Pierce, Assistant Planner, presented a staff report and responded to Council questions. The following communications were received and distributed to Council: the Downtown Residents' Association dated February 16, 1994 recommending certain amendments to the proposed ordinance, Dianne Easterling dated February 22, 1994 submitting comments to staff report on "Standards for Outside Dining", Huntington Beach Tomorrow in support of the proposed ordinance dated February 19, 1994, and Staff Response dated March 2, 1994. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The City Clerk announced an additional communication dated March 6, 1994 from Huntington Beach Tomorrow in response to comments in the Council packet. Page 6 - Council/Agency Minutes - 03/21194 The Mayor declared the public hearing open. Dave Bartlett Rally's Restaurant representative, spoke in support of the reduction in parking requirements for outdoor dining. He spoke in opposition to the requirement of a Use Permit for outdoor dining and alcohol on public right-of-ways. George Arnold spoke in support of outdoor dining at the Sugar Shack restaurant in the downtown area and stated that it is the only restaurant in the downtown area that submitted a petition for outdoor dining. He spoke in opposition to tables being left out at night. Barry Ellerbrook, restaurant owner, spoke in opposition to the proposed outdoor dining ordinance. He stated that his two restaurants are rarely at capacity seating and the outdoor tables offer an option to enjoy the weather and does not increase revenue or require additional parking. Richard Harlow, Chamber of Commerce representative, spoke in opposition to the proposed outdoor dining ordinance and stated that the ordinance needs more work. He spoke in opposition to the Use Permit that would be required for outdoor dining, no grandfather clause for existing businesses, and in support of reactivating the Downtown Council Subcommittee to meet with the Chamber of Commerce to make amendments to the ordinance. There being no one further present to speak on the matter and there being no further protests filed either oral or written, the hearing was closed by the Mayor. Discussion was held by Council and staff regarding the capacity of restaurants, parking requirements based on square footage of restaurant, use of public or private property for outdoor dining, width of sidewalks, tables left outside at night, fee for Use Permit, alcoholic beverages sold on the pubic right-of-way, and evening Zoning Administrator meetings. At the request of Councilmember Leipzig, Mr. Harlow reported on concerns of the Chamber of Commerce. Straw Vote - Failed - Outdoor Dining Use Permits to be Reviewed by the Zoning Administrator at Evening Meetings - Motion Withdrawn A motion was made by Sullivan, second Leipzig, that all Use Permits reviewed by the Zoning Administrator at evening meetings and the actions of the Zoning Administrator be transmitted to the Planning Commission members and City Council members at their home. The motion was WITHDRAWN. Straw Vote - Failed - Outdoor Dining Use Permits to be Reviewed by the Zoning Administrator - Outdoor Dining on Shared Public/Private Propertyto the Reviewed by the PlannIgp Commission A motion was made by Winchell, seconded by Sullivan, that outdoor dining on private property may be permitted subject to a Use Permit approved by the Zoning Administrator in compliance with this section; and that outdoor dining on public property including shared public/private property be subject to approval by the Planning Commission in compliance with this section. The motion FAILED by the following roll call vote: AYES: Robitaille, Winchell, Sullivan NOES: Silva, Bauer, Moulton -Patterson, Leipzig ABSENT: None r�- Page 7 - Council/Agency Minutes - 03/21/94 V - zoning Administrator to Review all Qutdogr Dining and Downtown Outdoor Dining Reviewed at Even! n Meetings A motion was made by Leipzig, seconded by Sullivan, that the Zoning Administrator review all outdoor dining with downtown outdoor dining Use Permits to be reviewed at evening meetings. Amendment to Above Motion to Include Review by Zoning Administrator I Outdoor Dining on Public Propeft at Evening Meetings An amendment to the motion was made by Winchell and accepted by Councilmember Leipzig, that all Outdoor Dining in the downtown area or on public property be heard at evening meetings of the Zoning Administrator. Amended Straw Vote - A1212rgved - Zoning Administrator to Review r Dining d Downtmin Outdoor Dining and Outdoor Dining on Public Propedy tQ be Reviewed at Evening The amended motion for the Zoning Administrator to review all outdoor dining including review of downtown outdoor dining and outdoor dining on public property to be heard at evening meetings of the Zoning Administrator carried by the following roll call vote: AYES: Silva, Moulton -Patterson, Winchell, Leipzig NOES: Bauer, Robitaille, Sullivan ABSENT: None S vi w of Use Permits by Zoning d r r -Vote Not Taken -Motion Later in the Mfg A motion was made by Sullivan, seconded by Moulton -Patterson, to have an annual review of each Use Permit by the Zoning Administrator in case there is any problems with the use. Vote not taken, motion restated later in the meeting. Straw Vote - Approved - Outdoor Di _Rggtricted to Downtown Area A motion was made by Bauer, seconded by Silva, that deliberations on outdoor dining be restricted to the downtown area only. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan NOES: Leipzig ABSENT: None Staff Directed to Correct —Typographical Errors Councilmembers Sullivan and Winchell directed staff to correct typographical errors in Ordinance No. 3232, Section 11 (a) part 2 to remove wording after "mini -parks" and complete the prior sentence. Page 8 - Council/Agency Minutes - 03/21/94 Straw Vote - Approved - Annu-al Review of Use P_ermiltl_by Zoning Administrator. A motion was made by Sullivan, seconded by Winchell, to have an annual review of each Use Permit for outdoor dining by the Zoning Administrator. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan NOES: Leipzig ABSENT: None Straw Vote - Amendment Replacing "External" With "Interior" for Qlarification - Motion Withdrawn A motion was made by Sullivan, seconded by Winchell, to amend Ordinance No. 3232, Section 11 (a) part 9 by replacing the word "external" with "interior" for clarification. The motion was WITHDRAWN. Straw Vote - Al2RLo—ved Amendment to Wording in n e for Clarification Begarding Public Righ of-Wav A motion was made by Winchell, seconded by Sullivan, to amend Ordinance No. 3232, Section 11 (a) part 9 by changing the wording to: "spanning between the property line on one side of the street to the property line one the other side of the street'. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan NOES: None ABSENT: Moulton -Patterson (out of room) Straw Vote - Withdrawn - Amendment to Ordinance No. 3232 Regarding Width of Pedestrian Walkway_ A motion was made by Sullivan, seconded by Winchell, to amend Ordinance No. 3232, Section 11 (b) part 3 by changing the minimum pedestrian walkway from eight (8) feet to ten (10) feet. Following discussion by Council the motion was WITHDRAWN. Straw Vote - Approved - Amendment to Ordinance No. 3232 Regarding Width of Pedestrian Walkway_ A motion was made by Sullivan, seconded by Winchell, to amend Ordinance No. 3232, Section 11 (b) part 3 by changing the minimum pedestrian walkway to ten (10) feet in areas of new construction and eight (8) feet in places where the sidewalk is already there. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Winchell, Leipzig, Sullivan NOES: Silva ABSENT: Moulton -Patterson (out of room) Straw Vote - Approved !a-m-p-grary Cordon Required A motion was made by Sullivan, seconded by Winchell, to amend Ordinance No. 3232, Section 11 (b) part 5 by adding the wording "when in use and removed when not in use" to the end of the sentence. The motion carried by the following roll call vote: AYES: Silva, Robitaille, Winchell, Leipzig, Sullivan 0 p NOES: Bauer C7 ABSENT: Moulton -Patterson (out of room) Page 9 - CounciilAgency Minutes - 03I2V94 Straw Vote - Failed - To Require 15 foot Wide Pedestrian Walkways - Mini -Parks. Public Plaza -or Beach Area _- A motion was made by Winchell, seconded by Sullivan, to amend Ordinance No. 3232, Section 11 (b) part 4 to change the minimum requirement from ten (10) foot wide to fifteen (15) foot wide pedestrian walkways when located in a mini -park, public plaza or beach area. The motion FAILED by the following roll call vote: AYES: Silva, Winchell, Sullivan NOES: Bauer, Robitaille, Leipzig ABSENT: Moulton -Patterson (out of room) Straw Vote - Failed - Second Motion to Require 15 foot Wide Pedestrian Walkways - Mini -Parks, Public Plaza or Area A second motion was made by Winchell, seconded by Sullivan, to amend Ordinance No. 3232, Section 11 (b) part 4 to change the minimum requirement from ten (10) foot wide to fifteen (15) foot wide pedestrian walkways when located in a mini -park, public plaza or beach area. The motion FAILED by the following roll call vote: AYES: Silva, Winchell, Sullivan NOES: Bauer, Robitaille, Moulton -Patterson, Leipzig ABSENT. None Straw Vote - Approved - Prohibit Alcohol Sales on Public Pro e A motion was made by Leipzig, seconded by Moulton -Patterson, to amend Ordinance No. 3232, Section 11 (d) part 7 that alcohol be prohibited on any outdoor dining on public property. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Failed it 'x Feet Between Tab1 f r Dining A motion was made by Winchell, seconded by Sullivan, to amend Ordinance No. 3232, Section 11 (c) by adding part 7 spacing of tables to be six (6) feet between tables edges. The motion FAILED by the following roll call vote: AYES: Winchell, Sullivan NOES: Silva, Bauer, Robitaille, Moulton -Patterson, Leipzig ABSENT: None Staff Directed to Make Changes in Wording Relating to Operating Requirements and Conditions - Approved Councilmember Winchell directed staff to amend Ordinance No. 3232, Section 11 (d) by changing the title to "Operating Requirements and Conditions" and to capitalize "License Agreement'. Consensus of the Council was given for this staff direction. 090 Page 10 - CounciUAgency Minutes - 03/21/94 Straw Vote- Approved - License Agreement and -Use lse Permit Eees Required - Public Proper x A motion was made by Winchell, seconded by Sullivan, to amend Ordinance No. 3232, Section 11 (d) to change the wording as follows: A License Agreement which would include use fees shall be obtained from the city for outdoor dining located on public property. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Requires All Fees and Deposits to Be Paid Prior to opera jQn of Outdoor Dining A motion was made by Winchell, seconded by Sullivan, to amend Ordinance No. 3232, Section 11 (d) part a to require the applicant (or operator) to pay prior to the operation of outdoor dining all fees and deposits as required by the Huntington Beach Municipal Code and Ordinance Code including the fee established for use of public property. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Approved - Posting of Permit and License -for Outdoor Dinning Required A motion was made by Winchell, seconded by Sullivan, to require posting by the operator of the permit and license for outdoor dining in the contiguous business. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Winchell, Sullivan NOES: Silva, Moulton -Patterson, Leipzig ABSENT: None Straw Vote - Approved - Require Renewal of the Licensg Agreement Prior to Transfer of Use Permit A motion was made by Leipzig, seconded by Robitaille, to amend Ordinance No. 3232, Section 11 (d) Part 8 second sentence as follows. Renewal of the License Agreement will be required prior to transfer of the use permit. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None D91 Page 11 - Council/Agency Minutes - 03/21/94 Straw Vote - A r v - Require Lise Permit. License Agreement andMaintenance A ree en Outdoor Dining on Public Propeft ty A motion was made by Winchell, seconded by Sullivan, to amend Ordinance No. 3232, Section 12 to read as follows: Any existing outdoor dining that has been established without prior use permit approval shall obtain a use permit and if on public property, a License Agreement with established fee and a Maintenance Agreement within 90 days following the effective date of this ordinance. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (out of room) Straw Vote - Approved - Waiver of Board of Zoning AdMinistration Application Fee for Existing Uries A motion was made by Leipzig, seconded by Robitaille, to waive the Board of Zoning Administration application fee for existing uses on the effective date of this ordinance. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Leipzig, Sullivan NOES: Winchell ABSENT: Silva (out of room) Straw Vote - Approved - Amendment to ParkingRequirements A motion was made by Leipzig, seconded by Bauer, to amend Ordinance No. 3232, Section 11 (f) to read as follows: "No additional parking requirements shall be imposed for outdoor dining on either public or private property if the outdoor dining does not exceed the higher of the following: (a) Five (5) tables with twenty (20) seats. (b) Twenty percent (20%) of the seats that were used for original computation of the parking requirements." The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Public Hearin - Code Amendment N vi nor ntal Assessment No. 9 - - Stgndards for Outdoor Din *ng - Introduction of rdin nce No 3232 -Decision Continued to Aril 18 4 (840.10) The Community Development Director requested due to the number of changes in the ordinance that the first reading be continued for further staff work on the corrections. 09 Page 12 - Council/Agency Minutes - 03121/94 A motion was made by Leipzig, seconded by Moulton -Patterson, to continue the decision on public hearing regarding Code Amendment No. 93-5 A, Environmental Assessment No. 93-20, and Ordinance No. 3232 regarding Outdoor Dining to April 18, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) Staff Requested to Prepare a Simpler Version of the Outdoor Dining Ordinance for the Balance of the Gn Councilmember Bauer requested that staff prepare a simpler version of the outdoor dining ordinance for the balance of the city. MOTION TO CONTINUE MEETING PAST 11:00 P. The Mayor announced the hour of eleven o'clock and to comply with Council resolution, asked for a motion to continue the meeting. A motion was made by Sullivan, seconded by Bauer, to continue the meeting past 11.00 p.m. to take action on the public hearing regarding the Precise Plan of Street Alignment No. 92-2(R); consent calendar items that do not require discussion; the administrative items regarding an amendment to the City Administrator's Employment Agreement, payment options for PERS unfunded liability, approval of law firm for labor relations services for PERS questions, and revenue bond inducement for Mora Kai Apartments; adoption of ordinances and continue the other agenda items to April 4, 1994. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: Silva ABSENT: None (City Council) PUBLIC HE - PRECISPRECI$E PLAN OF STRErZTALIGNMENT NO, 22-2(R)- MITIGATED NEGATIVE DECLARATION NO.92-8(R) - INTRODUCTION OF ORDINANCE NO 3233 EDINGER BETWEEN GOTHARD/ APPROXIMATELY 300 FEET WEST OF BEACH BOULEVARD - ADOPTED (800.90) The Mayor announced that this was the day and hour set for a public hearing to consider the following: Public hearing to consider the following: APPLICATION NUMBER: Precise Plan of Street Alignment No. 92-2(R) - Negative Declaration No. 92-8(R) APPLICANT: City of Huntington Beach, Public Works Department LOCATION: Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard ZONE: C4 (Highway Commercial) and C2 (Community Commercial REQUEST: Establish a precise plan of street alignment for Edinger Avenue. The plan calls for Edinger Avenue to be widened to allow for additional turn lanes, bus turnouts and landscape improvements. ENVIRONMENTAL $TAT : The application is covered by Mitigated Negative Declaration No. 92-8(R) 093 which will also be considered by Council. Page 13 - Council/Agency Minutes - 03/21194 The Community Development Director presented a staff report The City Clerk presented Ordinance No. 3233 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON' BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICTS MAPS 15 AND 26 TO INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO. 92-2(R) ALIGNING EDINGER AVENUE BETWEEN GOTHARD STREET AND APPROXIMATELY 300 FEET WEST OF BEACH BOULEVARD." Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The Mayor declared the public hearing open. Janette Ditkowsky, Freeway Industrial Park Chief Operating Officer and land owner in the area, spoke in opposition to the re -alignment of Edinger Avenue. She stated the staff report was incomplete, did not offer substantial evidence for justification of the project, lacked funding information and contained no information regarding property acquisition. She requested that Council continue the matter in order to address concerns of surrounding property owners. She stated that letters from Freeway Industrial Park and on behalf of the company were included in the council packets. There being no one further present to speak on the matter and there being no further protests filed either oral or written, the hearing was closed by the Mayor. Discussion was held by Council and staff regarding property owner concerns being addressed, acquisition of right-of-way, impact on parking, and impact on existing businesses. Tony Folaron, Civil Engineer Associate, responded to Council questions. Motion to Approve Introduction of Ordinance No. 3233 and Approve Precise Plan of Street Alignment No. 92-2 R and Mitigated Negative Decl ration No. 92- R A motion was made by Winchell, seconded by Leipzig, to after reading by title, approve introduction of Ordinance No. 3233 and approve Precise Plan of Street Alignment No. 92-2(R) and Mitigated Negative Declaration No. 92-8(R) for street widening purposes with findings of approval as outlined in Attachment No. 4 to the Request for Council Action dated March 21, 1994. Amendment to Motion - Change of Wording in -Environmental Assessment Rtgo Councilmember Leipzig requested an amendment to the motion to amend the Environmental Assessment Report Item No. 19 to read as follows: "That any lost parking will be replaced in a parking structure within the project area." Introductign of Ordinance No. 3233 and Approvei n n No. 2-2 R and Mitigated Negative Declaration No. 92-8 R - A roved The original motion to after reading by title, approve introduction of Ordinance No. 3233 and approve Precise Plan of Street Alignment No. 92-2(R) and Mitigated Negative Declaration No. 92-8(R) for street widening purposes with findings of approval as outlined in Attachment No. 3 to the Request for Council Action dated March 21, 1994 and to amend the Environmental Assessment Report Item No. 19 to read as follows: "That any lost parking will be replaced in a parking structure within the project area." Page 14 - Council/Agency Minutes - 03/21194 Findings for Approval Precise Plan of Street Alignment No. 92-2(4 1. The proposed precise plan of street alignment to Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard is consistent with the goals and policies of the City's General Plan because it contributes to the efficient circulation system that minimizes adverse aesthetic and environmental impacts. 2. The proposed precise plan of street alignment to Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard is consistent with the goals and policies of the Huntington Center Commercial District Redevelopment Plan because it helps to stimulate economic activity in the area and improves circulation patterns and traffic flow. 3. The proposed precise plan of street alignment to Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard will improve traffic flow and circulation patterns by eliminating conflicts between buses and through traffic, between turning cars and through traffic and by improving signalization. 4. The proposed precise plan of street alignment to Edinger Avenue between Gothard Street and approximately 300 feet west of Beach Boulevard will improve the aesthetics of the area by providing cohesive landscape improvements. The motion carried by the following roil tali vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None CONSENT CALENDAR - (ITEMS REMOVEDI The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Leipzig) modification to City Classification Plan, (Winchell) Doggie Walk Bag Dispensers for Main Street and acquisition of parcel for inclusion in Huntington Central Park, (Bauer) amendment to agreement Water System Master Plan and Financing Plan, (Sullivan) Resolution No. 6580 rescinding street sweeping pilot program. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Leipzig, second by Sullivan, Council approved the following items, as recommended, by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council/Rede elopment q-gncy) MINUTES - ADOPTED - Approved and adopted minutes of Council/Agency regular meetings of January 3, 1994 and February 22, 1994 and adjourned regular meetings of January 31, 1994, February 14, 1994 and February 28, 1994 as written and on file in the Office of the City Clerk. 095 Page 15 - Council/Agency Minutes - 03/21/94 (City Council) CONTINUED FROM MARCH 7 1994 - NOTICE OF COMPLETION - TRACT NO 14035 - CENTRAL PARK NO,16 - EAST OF EDWARDS STREET - SOUTH OF ELLIS AVENUE - APPROVED (420.60) - Accepted the improvements constructed and dedicated for public use within Tract No. 14035, released Bond Nos. SUR 12-63-31, SUR 12-63-31 and SUR 12-63-32, the securities furnished for faithful performance, labor and material and monuments respectively, accepted Bond No. SUR 25-39-27, the security furnished for guarantee and warrantee of improvements, instructed the City Clerk to notify the subdivider, Central Park No. 15 of this action and the City Treasurer to notify the bonding company, Golden Eagle Insurance Company, of this action. (City Council) CONTINUED FROM FEBRUARY 7 1994 - NOTICE OF COMPLETION - TRACT NO 13270 - THE DAHL COMPANY - SOUTH EAST CORNER OF ELLIS AVENUE AND EDWARDS STREET - APPROVED (420.60) - Accepted the improvements constructed and dedicated for public use with Tract No. 13270, released Bond Nos. SUR 10-64-94, SUR 10-64-94 and SUR 10-64-95, the securities furnished for faithful performance, labor and material and monuments respectively, accept Bond No. SUR 15-11-47, the security furnished for guarantee and warrantee of improvements and instructed the City Clerk to notify the developer, The Dahl Company, of this action and the City Treasurer to notify the bonding company, Golden Eagle Insurance Company, of this action. (City Council) CONTINUED FROM FEBRUARY 7. 1994 - NOTICE OF COMPLETION - TRACT NO. 13269 - THE DAHL COMPANY - SOUTH EAST CORNER OF ELLIS,-AVENUE AND EDWARDS STREET APPROVED (420.60) - Accepted improvements constructed and dedicated for public use in Tract No. 13269, released Bond Nos. SUR 10-64-92, SUR 10-64-92 and SUR 10-64-93, the securities furnished for faithful performance, labor and material and monuments respectively, accept Bond No. SUR 15-11-48, the security furnished for guarantee and warrantee of improvements and instructed the City Clerk to notify the developer, The Dahl Company, of this action and the City Treasurer to notify the bonding company, Golden Eagle Insurance Company, of this action. (City CouncillRedevetopment Agency) AGREEMENT - ROBERT BE1N, WILLIAM FROST AND ASSOCIATES - MCFADDEN BRIDGE WIDENING OVER 1-405 - CC-81 - CONTINUED PER STAFF REQUEST (600.10) (City Council) AUTHORIZE CITY ATTORNEY'S OFFICE TO REPRESENT CITY IN APPEAL FROM DENIAL OF LIVE ENTERTAINMENT PERMIT - CLUB 5902 - APPROVED (630.40) - Authorized the City Attorney's Office to represent the interests of the city before an independent arbitrator hearing the issues on appeal following denial of nightclub Club 5902 owner's request for a live entertainment permit. (City Council) REJECTION OF BIDS AND REQUEal TO RE -BID - HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY - CC-886 - APPROVED (600.80) - Rejected all bids for construction of the Huntington Beach High School Stadium Entry and Skateboard Facility and authorized the Director of Public Works to rebid the project deleting the ticket booths and vinyl coated chain link fencing. (City Council) SIDE LETTER TO RESOLUTION NO 6297 - MEMORANDUM OF UNDERSTANDING BEMEEN CITY AND HUNTINGTON BEACH MARINE SAFETY OFFICERS - RESOLUTION NO 6575 - ADOPTED (720.20) - Adopted Resolution No. 6575 and approved and authorized execution of the side letter between the City and Huntington Beach Marine Safety Officers Association implementing agreed to issues - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS AND AMENDING THE MOU BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH MARINE SAFETY OFFICERS ASSOCIATION." 096 Page 16 - CounclVAgency Minutes - 03/21/94 (City Council.) NAMING OF CITY PARKS, PARK FEATURES AND COMMUNITY FACILITIES RESOLUTION NO.6677 - AD PTE _ (920.10) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING ITS POLICY FOR THE NAMING OF CITY PARKS, PARK FEATURES AND COMMUNITY FACILITIES AND REPEALING CONFLICTING RESOLUTIONS." (City Council) PARK LICENSE AGREEMENT --SOUTHERN CALIFORNIA EDISON COMPANY FOR EDISON COMMUNITY PARK - MACaNOLIAI HAMILTON -APPROVE (600.10) -Approved and authorized execution of a License Agreement with Southern California Edison Company to utilize 8.16 acres of Edison Easement Property at Edison Community Park for five (5) years at one hundred dollars ($100) per acre per year for neighborhood park purposes. (City Council) LETTER TO CALIFORNIA DEPARTMENT OF HEALTH SERVICES - MODIFICATION _T_4 MEDI _CAL PROVIDER APPLICATION - APPROVED (510.50) - Authorized the Mayor to sign and the City Clerk to affix the official seal of the City of Huntington Beach on a letter to the California Department of Health Services requesting approval of the City's Fire Department as an emergency ambulance Medi-Cal provider. (City Council) USE OF JAIL REVENUE FUNDS TO PURCHASEFENCE AND GATE SECURITY AT POLICE DEPARTMENT - APPROVED (320.45) - Appropriated $16,000 from the unexpended General Fund and authorized expenditure of $16,000 for the purchase and installation of the fencing with windscreen and the repairing of the gate at the jail facility. (Cft&ouncil) ELLIS AVENUE UNDERGROUND UTILITY__ DISTRICT NO.94-1 - GQLDENWEST STREET TO EDWARDS ST - SETS PUBLIC HEARING F R APRIL 4 1 "RESOLUTION NO. 6576 - ADQPTED (350.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRE THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT ON ELLIS AVENUE BETWEEN GQLDENWEST AND EDWARDS STREET." (Redevelopment Agency) CONTINUED FROM MARCH 7 1994 - EDUCATIONAL REV LIE AUGMENTATION FUND (ERAF) PAYMENT - HUNTINGTON CENTER AND LOW AND MODERATE INCOME HOUSING ND EXPENDITURES -APPROVED (400.10) -Appropriated and approved the expenditure of $139,142 from the Low and Moderate Income Housing unappropriated and undesignated fund balance and $139,142.25 from the Huntington Center unappropriated and undesignated fund balance for the Agency's ERAF payment to be paid no later than May 10, 1994, and appropriate and approve the transfer of $63,912 to the Low and Moderate Income Housing Account from the Huntington Center unappropriated fund balance. (The Redevelopment Agency's obligation is $278,284.25 for FY 1993-94.) (City Coun NATIONAL COMMUNITY VELOPMENT BLOCK RANT CDBG RESOLUTION NO. 6578- ADOPTED (340.70) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING THE 1994 NATIONAL COMMUNITY DEVELOPMENT BLOCK GRANT WEEK (MARCH 28, 1994 - APRIL 3, 1994) IN THE CITY OF HUNTINGTON BEACH." (City Council) REQUEST FQR CITY OF HUNTINGTON BEACHTO JOIN IN SUPPORT MIC CURIAE BRIEF - DUTTON V.QUINN (630.50) - ,coined in the amicus curiae brief which involves the question of whether or not police officers have a legal duty to insure the safety of drivers and occupants of 9 7 those vehicles they encounter and in the event of breach of such duty can be held civilly liable. Page 17 - Council/Agency Minutes - 03/21/94 (QI1y!P9MnciQ QQGGIE WALK BAG DISPENSERS FOR MAIN STREET - APPROVED AS AMENDED (500.10) The City Clerk presented a communication from the City Administration requesting authorization for the Director of Public Works to participate in the Doggie Walk Bag Dispensers for Main Street Project through the following actions: install bag dispensers on light poles in six locations on Main street, provide and install street signs above the dispensers and expend $100 to purchase 2,000 refill bags. Councilmember Winchell requested that the Doggie Walk Bag Dispensers be distributed on Main Street from Pacific Coat Highway to the Library. The Public Works Director responded that this could be done. A motion was made by Leipzig, second by Sullivan, to install bag dispensers on light poles in six locations on Main street, provide and install street signs above the dispensers and. expend $100 to purchase 2,000 refill bags and the Doggie Walk Bag Dispensers to be distributed on Main Street from Pacific Coast Highway to the Library. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) RESOLUTION NO.6580 RESCINDING STREET SWEEPING PILOT PROGRAM - BOUNDED BY ADAMSIATLANTA & BROOKHURSTI MAGNOLIA - M$C-365 (800.10) The City Clerk presented Resolution No. 6680 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING HUNTINGTON BEACH CITY COUNCIL RESOLUTION NO.6532 RELATING TO THE ESTABLISHMENT OF THE; PILOT PROGRAM FOR NO PARKING ON STREET SWEEPING DAYS." (Repeals Resolution No. 6532 thereby abandoning the Street Sweeping Pilot Program.) Councilmember Sullivan commended the Public Works Department for the outstanding job of the street sweeping pilot program. He stated, however, that the public was against the program. A motion was made by Leipzig, second by Sullivan, to adopt Resolution No. 6580 rescinding the Street Sweeping Pilot Program. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (City Council) CONTINUED FROM MARCH 7. Ja24 M DIFICATION TO CITY CLAIF1QATI0N PLAN, ART CENTER CLASSIFICATIONS - RESOLUTION NO.6554 - CONTINIJED TO APRIL 4 1 (700.10) (Cily Council) ACQUISITION OF PARCEL FORINCLUSION IN HUNTINGTON CENTRAL PARK PER HOLLY SEACLIFF DEVELOPMENT AGREEMENT - NORTHEAST CORNER EDWARDS STREET AND ELLIS AVENUE - DEFERRED (650.40) (City Council) AMENDMENT NO 1 TO AGREEMENT - BOYLE ENGINEERING CORPORATION - WATER SYSTEM MASTER PLAN AND FINANCING PLAN - CONTINUED TO APRIL 4,1994 (600.1 `69 8 Page 18 - Council/Agency Minutes - 03121/94 (City Council) ,CONTINUED FROM MARCH 7,1994 - SEAPOINT STREET EXTENSION STUDY - CONTINUED TO APRIL 4.199 (800.60) The City Clerk presented a communication from Director of Public Works, Police Chief and Fire Chief transmitting a preliminary study of the impacts of eliminating the previously approved extension of Seapoint Street from Palm Avenue to Pacific Coast Highway. A motion was made by Winchell, seconded by Sullivan, to continue the Seapoint Street Extension Study to April 4, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None (spy Council} AMENDMENT NO 2 TO CITY ADMINISTRATOR'S EMPLOYMENT AGENT APPROVED (600.10) The City Clerk presented a communication from City Administrator regarding consideration of Amendments to City Administrator's Employment Agreement, Amendment No. 2., Following comments by Council a motion was made by Robitaille, seconded by Leipzig, to approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to the Agreement for Personal Services Between the city and Michael T. Uberuaga, City Administrator. AYES: Bauer, Robitaille, Winchell, Leipzig NOES: Silva, Moulton -Patterson, Sullivan ABSENT: None (Redevelopment Agency) DEFERRED FROM AN 4- IN -LIEU PARKING FEE RROGRAM IMPLEMENTING RESOLUTION - AGENCY RESOLUTION NO. 2 3 - CONTINUED TO AP131L 4,1994 (340.20) The City Clerk presented Agency Resolution No. 253 for Council adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING AN IMPLEMENTATION PLAN FOR THE ESTABLISHED IN -LIEU FEE FOR PARKING." A motion was made by Winchell, seconded by Leipzig, to continue Agency Resolution No. 253 to April 4, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None 0 9 U Page 19 - Council/Agency Minutes - 03/21194 Council Subcommittee Formed to Review the Fiscal Implications of Salary Spiking - Approved (120.25) A motion was made Sullivan, seconded by Robitaille, to form a Council Subcommittee to review the fiscal implications of salary spiking. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (out of room) ABSTAIN: Robitaille Councilmembers Sullivan, Leipzig and Winchell volunteered to serve on the Council Subcommittee. Councilmember Bauer to submit questions to the subcommittee. Motion to Defer Agenda Items F-4 and F-5 to the Council Subcommittee for Review - Withdrawn A motion was made by Sullivan to continue Agenda Item F4 relating to Payment Options - PERS Unfunded Liability and Agenda Item F-5 approval of law firm for Labor Relations Services relating to PERS questions. The motion was WITHDRAWN. Discussion was held by Council and staff. Request from CouncilMember Leipzig for Information Regarding P bllic Employees Retirement Issues Councilmember Leipzig spoke regarding three questions that should be addressed to the outside law firm and requested staff to address these same questions to the Attorney General as soon as possible: 1. Can the city end any further spiked retirements earlier than will be imposed by state law? 2. Is the city actually bound to pay these additional retirements levels to people who retired under this program or can the city withhold these retirement payments? 3. Isn't PERS really liable for the potentially $8 to $10 million dollar deficit when they authorized the city to proceed with this payment? (City Council) RETENTION OF THE FIRM OF LIEBERT. CASSIDY AND FRIERSON - LABOR_ RELATIONS SERVICES - PERS QUESTIONS - APPROVED (700.50) The City Clerk presented a communication from the City Attorney regarding whether to retain the firm of Liebert, Cassidy and Frierson for legal analysis of Council proposed immediate cancellation of PERS rollovers estimated cost of $1,160 to $1,740. A motion was made by Sullivan, seconded by Bauer, to approve the retention of Liebert, Cassidy and Frierson, a Professional Corporation, to respond to Council's proposal to stop the processing of employee options to establish their "final compensation year," The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES, None ABSENT: None 100 Page 20 - Council/Agency Minutes - 03121/94 PTI NS - PERS UNFUNDED LIABILITY - DEFERRED TQ COUNCIL SUBCOMMITTEE FOR REVIEW (700.50) The City Clerk presented a communication from the Deputy City Administrator Administrative Services regarding the method of payment for the unfunded liability related to salary conversions which resulted in increased retirement pay to former city employees. A motion was made by Leipzig, seconded by Sullivan, to defer consideration of the payment options of PERS the unfunded liability to the Council Subcommittee for review. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan, Leipzig NOES: None ABSENT: None (Cily Council/Redevelopment Agen y) REVENUE BOND INDUCEMENT RESOLUTION MORA KAI APARTMENTS - AGENCY_ RESOLUTION NO. 264 - APPROVED (330.30) The City Clerk presented Agency Resolution No. 264 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH RELATING TO THE ISSUANCE OF BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION OF A MULTIFAMILY RESIDENTIAL RENTAL PROJECT AND RELATED FACILITIES." The Director of Special Projects presented a staff report regarding Agency Resolution No. 254 which authorizes the City/Redevelopment Agency to issue and sell $4.7 million in tax exempt revenue bonds for the purchase and rehabilitation of the 42 unit multi -family rental property - Mora Kai Apartments, as delineated in Chapter 7 of Part 5 of Division 31 of the Health and Safety Code. Kenneth Black, Bertram Partners President, presented a report using slides of properties managed by the company and the Mora Kai property proposed for rehabilitation. Peter Barker, Parker Management representative, presented a report using slides of low income properties managed by the company. Jim Bemis, E. J. De La Rosa and Company, Incorporated representative, spoke in support of the inducement resolution which will allow applications to be submitted on behalf of the city to the state allocation process for multi -family housing bonds and tax credits. Discussion was held by Council and staff regarding action pending state approval of bonds, review by Council prior to issuance of bonds, credit enhancement and credit rating of bonds. A motion was made by Leipzig, seconded by Moulton -Patterson, to adopt Agency Resolution No. 254. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Silva (out of room) (Redevelopment Agengy) LOAN AGREEMENT - ASSOCIATEaNINE - 725-733 UTICA AVENUE - AGENCY RESOLUTION NO. 265 • COUNCIL RESOLUTION NO. 6679 - CONTINUED TO APRIL 4. 1994 (600.30) 101 Page 21 - Council/Agency Minutes - 03/21/94 F-8. (City Council) STATUS OF HUNTINGTON-CENTRAL PARK MASTER PLAN AND THE YOUTH SPQRTS COMPLEX PROJECT - CONTINUED TQ APRIL 4.1994 (920.20) (City Council) ORDINANCE NO. 3230 - PERTAINING -TO SEED LIMITS ON _CITY STREETS - ADOPTED (640.10) The City Clerk presented Ordinance No. 3230 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.12 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO SPEED LIMITS ON CITY STREETS." (ei h een street segments to increase from 40 to 45 mph; tyr street segments to increase from 40 to 50 mph; = street segment to increase from 45 to 50 mph; = street segment to be reduced from 55 to 50 mph; eleven street segments to reduce from 50 to 45 mph; and three street segments to reduce from 40 to 30 mph.) (Re -introduced on March 7, 1994.) Fallowing a reading by title, a motion was made by Robitaille, seconded by Leipzig, to adopt Ordinance No. 3230. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Wnchell, Leipzig, Sullivan NOES: None ABSENT: Silva (out of room) Electric Chair - Main Street - Appeal - Speciallynents Application Councilmember Winchell spoke regarding the appeal she filed relating to the Electric Chair application for bands on the weekend of March 26-27. She stated that special events held on public property are reviewed by the Special Events Committee but events scheduled on private property are reviewed by the Zoning Administrator. She stated her concern is that special event applications need public review and input due to problems in the past with noise and crowd control. Motion to Continue Meeting to March 28, 1994 - Failed A motion was made by Leipzig, seconded by Sullivan, to continue the meeting to March 28, 1994, The motion FAILED by the fallowing roll call vote: AYES: Leipzig, Sullivan NOES: Bauer, Robitaille, Moulton -Patterson, Wincheli ABSENT: Silva (out of room) ITEMS SUBMITTED BY COUNCILIAGENCY MEMBER RALPH BAUER— CONTINUED TO APRIL 4, '1994 1. Possible purchase of street lights (800.10) 2. Investigation of low flush toilet water program in Orange Coun (1000.90) 3. Discussion of trash bin requirements for commercial sites - renort on existing law and enf emen (810,20) t02 Page 22 - CouncIVAgency Minutes - 03/21/94 ITEMS SUBMITTED BY COUNCILIAGENCY MEMBER JIM SILVA - CONTINUED TO APRIL 4. 1g94 1. Requr& To Youth Board For Comm u n Oty Forum: DqWntown Area 2. Amendment to Parking Ordinance -Parking Lot Meter Hours -North of Goldenwest on Pacifiq Coast Highway ITEMS SUBMITTED BY COUNCILIAGENCY MEMBER D VE IVAN - C N ED TO APRIL 4.1194 E!rgposal to rg-configure the City Coun it Si n OrdinanceSub mine a remembers r m each of the follow!=. (120.26) 1. The Huntington Beach Chamber of Commerce 2. Uptown Business Committee 3. Huntington Beach Tomorrow ADJOURNMENT - COI,[NCILIREDEVELOPMENTAGEN(; Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, April 4, 1994 at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. ATTEST: t�?r+''s.• 44eAw? City Clerk/Clerk 103 4x", r 4"6&4�> Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman s